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NICE v. TURNAGE

No. 84-3715.

752 F.2d 431 (1985)

Anthony J. NICE and Yasmin Nice, Plaintiffs-Appellants, v. James B. TURNAGE, Jr., District Director of the U.S. Immigration and Naturalization Service, in his official capacity, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 22, 1985.

Attorney(s) appearing for the Case

Karen L. Gilbert, Seattle, Wash., for plaintiffs-appellants.

Mark C. Walters, James A. Hunolt, Washington, D.C., for defendants-appellees.

Before BROWNING, Chief Judge, GOODWIN and SKOPIL, Circuit Judges.

PER CURIAM:

Nice's application for a change in visa status from a "B-1 Visitor for Business" to an "E-2 Treaty Investor," was denied on the ground, among others, that he failed to prove he was the "source of funds" used to make the investment. We affirm.

8 U.S.C. § 1101(a)(15)(E)(ii) (1982) requires an applicant for nonimmigrant treaty investor status to show "he has invested ... a substantial amount of capital." (Emphasis added.) INS asked Nice...

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